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user100   05 November 2017

Filing divorce afte DVC and 498a cases

Hi, DVC and 498a cases are filed on all 9 family members who are living separately. Filed the DVC quash petition in high court praying to remove the family members who are living separately in different cities. Can we file the divorce petition on cruelty ground? Will the court consider it? Could you please advise. Many thanks


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 5 Replies

Vijay Raj Mahajan (Advocate)     05 November 2017

Get both DV as well Section 498a IPC cases disposed either get discharged or acquittal order, after that only file for divorce on the ground of cruelty and desertion for 2 years or more by respondent. Proceeding now for divorce petition will be premature and won't be successful.

user100   08 November 2017

We have been separated for 6 years. DVC and 498 are filed after 6 years of separation. Still do I need to wait to complete DVC and 498 cases.

user100   08 November 2017

We have been separated for 6 years. DVC and 498 are filed after 6 years of separation. Still do I need to wait to complete DVC and 498 cases.

Adv Radhika Mehta (Advocate)     09 November 2017

It is advisable, as rightly suggested above, to wait for the acquital order before filling Divorce as filing false cases amounts to cruelty. 

Kumar...... (occupation )     09 November 2017

Originally posted by : user100
We have been separated for 6 years. DVC and 498 are filed after 6 years of separation.

Still do I need to wait to complete DVC and 498 cases.

if DV and 498a are filed after 6 years of seperation then there is no violence !!! case dismissed 


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